Commonwealth Consolidated Acts

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Reconsideration and review of determination that medicare benefits are not payable to certain MRBS participants

Request for reconsideration

  (1)   If the Minister makes a determination under subsection   19ABC(1) in relation to a person (the affected person ), the affected person may request the Minister to reconsider the decision (the original decision ).

  (2)   The request must:

  (a)   be made in writing; and

  (b)   set out the reasons for the request; and

  (c)   be given to the Minister within 28 days after the affected person is notified of the original decision.

Reconsideration of original decision

  (3)   If a request to reconsider the original decision is made under subsection   (1), the Minister must:

  (a)   personally reconsider the decision; or

  (b)   cause the decision to be reconsidered by a delegate of the Minister who:

  (i)   was not involved in making the decision; and

  (ii)   occupies a position that is at least the same level as that occupied by the person who made the decision.

  (4)   After reconsidering the original decision, the Minister or delegate (as the case may be) must:

  (a)   affirm the decision; or

  (b)   vary the decision; or

  (c)   set the decision aside and substitute a new decision.

  (5)   After making a decision under subsection   (4), the Minister or delegate (as the case may be) must give written notice of the following to the affected person:

  (a)   the decision;

  (b)   the date the decision takes effect;

  (c)   the reasons for the decision.

Note:   Section   27A of the Administrative Appeals Tribunal Act 1975 requires the affected person to be notified of the person's review rights.

Review by the Administrative Appeals Tribunal

  (6)   Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Minister, or a delegate of the Minister, made under subsection   (4).

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